Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of charas - Tampering of samples - PW6 stated that samples were with him for 16 to 17 hours but he utterly failed to prove that when samples were taken from Malkhana who was the I.O with him at that time - Even G.D entry in this regard not proved - Prosecution utterly failed in proving..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of charas - Tampering of samples - Original seal of samples that was affixed at the time of seizure was replaced by U.P.P. - It was incumbent upon prosecution to clarify as to when seals were changed but prosecution conspicuously silent about this, which shows that samples were being..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Bail - Offence u/ss 409, 420, 467, 471, 120-B IPC - Multi-victim scam - Nature and gravity of offences - 870 complaints in three FIRs filed and a total of around 400 crores involved in scam - More than 1500 investors duped by accused by painting a rosy picture of..........
Prevention of Corruption Act, 1988, Section 19(3)(a) -- Sanction for prosecution - Dispute as to competent authority - Has to be raised at earliest possible opportunity and not in appeal for the first time...........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 17 -- Amendment of plaint - Order allowing amendment of plaint by first appellate Court - Not challenged by defendant no.2 and the same attained finality - Same cannot be challenged for the first time in second appeal...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Indian Penal Code, 1860, Section 306, 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Cruelty - Dowry demand - Compromise - Quashing of proceedings - Deceased committed suicide soon after giving birth to child - It cannot be assumed that deceased was being treated with inhuman cruelty preceding such child birth and at the same time she..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Non-examination of first informant/chowkidar - Defence not elicited either the number and time of station diary entry nor time when chowkidar allegedly gave information whose substance was entered in some station diary entry - Name of chowkidar even not elicited - In such situation it was not possible to examine..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Deceased was 60 years of age at the time of incident and annual income of deceased was 5 lakhs p.a. - Since incident occurred in the year 1996 and litigation is going in for twenty years, total amount of Rs.50 lakhs as compensation with 9% interest was justified, out of which 10 lakhs..........
